Arbitration

What Is Arbitration?

At its core, arbitration is a private dispute resolution process in which the parties agree to submit their case to one or more neutral decision-makers—called arbitrators—who render a decision after hearing the facts and legal arguments. In many ways, it resembles a trial: the parties present evidence, call witnesses, and make legal arguments. But unlike a courtroom proceeding, arbitration is typically less formal, more efficient, and often confidential.

I serve as an arbitrator in a variety of contexts: sometimes because the parties included an arbitration clause in their contract; other times because they later agreed to submit their dispute to arbitration after litigation has begun. I also handle court-annexed arbitration, which in Ohio is mandatory but non-binding—meaning the parties may proceed to trial if they’re dissatisfied with the outcome. I’ve also conducted arbitrations as part of federal court ADR panels and private arbitration organizations like the American Arbitration Association (AAA) and FINRA.

As arbitrator, I am entrusted with an important role: to act fairly and impartially, to manage the proceedings efficiently, and to render a decision based on the evidence and applicable law. The decision—called an "award"—is usually final and binding. Unlike court judgments, arbitration awards are generally not appealable except under limited and specific circumstances (such as fraud, bias, or a failure of due process). This finality is part of what makes arbitration attractive—it brings closure.

The Benefits of Arbitration

For both attorneys and clients, arbitration offers several distinct advantages over litigation:

• Speed: Arbitration typically proceeds on a faster timetable than court proceedings. Discovery is limited and more focused, and hearing dates are set more quickly.

• Cost-Effectiveness: While arbitration is not “cheap,” it is often more economical than litigation due to fewer procedural hurdles, shorter timelines, and reduced discovery.

• Privacy: Unlike court proceedings, arbitration hearings are private, and awards are not made public unless the parties agree otherwise.

• Expertise: Parties often have the opportunity to choose an arbitrator with subject-matter expertise, which can result in a more informed and pragmatic decision.

• Flexibility: Arbitration procedures can be tailored to the needs of the case—more on that below.

I work with parties and counsel to ensure that the arbitration process meets their needs and respects the stakes involved.

Types of Arbitration

Not all arbitrations are the same. Over the years, I’ve handled a variety of arbitration formats, each with its own structure and purpose. Below are some of the most common:

1. Binding Arbitration

This is the most common form of arbitration. After the hearing, I issue a written award that is binding on the parties and enforceable in court. This type of arbitration typically precludes further litigation on the matter, and in most cases, the award cannot be appealed.

2. Non-Binding Arbitration

In some contexts—especially court-ordered arbitration programs—the decision I render is advisory only. Either party can reject the decision and request a trial. Still, non-binding arbitration can be a valuable tool for narrowing the issues, testing legal theories, and encouraging settlement.

3. Baseball Arbitration

Also known as “final offer arbitration,” this format requires each party to submit its final offer before the hearing begins. After the hearing, I choose one of the two offers—no compromise, no splitting the difference. This format is often used in labor disputes and commercial contracts where parties are relatively close in their positions but can’t bridge the gap.

The name comes from Major League Baseball, where arbitrators use this approach to resolve salary disputes between teams and players. In practice, it creates strong incentives for both sides to be reasonable—because the arbitrator must pick one offer or the other, not fashion a middle ground. I’ve used this model effectively when parties want a fast resolution and want to keep negotiating pressures high.

4. High-Low Arbitration

High/low arbitration allows parties to agree in advance on minimum and maximum parameters for the award. For example, the parties may agree that any award must fall between $100,000 and $300,000. If I render a decision outside that range, it is automatically adjusted to the nearest agreed limit.

This format is particularly helpful when one or both parties are concerned about runaway outcomes or large swings in valuation. It balances risk with finality. High/low agreements can be disclosed to the arbitrator or kept confidential between the parties—something I’m always happy to accommodate, depending on what works best for the matter at hand.

5. Tripartite Arbitration

In more complex or high-value cases, parties may agree to use a panel of three arbitrators. Each side selects one arbitrator, and those two then agree on a neutral third, who often serves as chair. I’ve served as both the neutral chair and as a party-appointed arbitrator in tripartite panels. This structure provides added confidence in neutrality and can be useful where the parties want broader expertise or a more deliberative decision-making process.

Customizing the Process

One of the most rewarding aspects of arbitration—both for me and for the parties—is its flexibility. Unlike court procedures that are fixed by statute or rule, arbitration can be shaped to meet the particular needs of the dispute.

Here are just a few of the ways we can tailor an arbitration:

• Limit or expand discovery

• Use written witness statements in lieu of direct examination

• Set page limits on briefing

• Conduct remote hearings (via Zoom or other platforms)

• Use “documents-only” procedures for small claims

• Establish fast-track or bifurcated timelines

• Set briefing schedules in stages to match real-world business needs

I work with counsel to establish procedural orders that reflect the dispute’s complexity, urgency, and cost sensitivity. My goal is always to balance due process with efficiency and fairness.

My Role as Arbitrator

When I serve as arbitrator, I see myself not as a referee but as a steward of the process. I understand how much is at stake, especially when clients place their business reputations, financial futures, or employment rights in my hands. My job is to be impartial, prepared, and decisive. I run a fair hearing. I apply the law. And I deliver reasoned, timely awards that reflect a careful understanding of the facts and arguments presented.

With nearly 30 years as a litigator behind me, I know what good advocacy looks like—and I know how to respect it. I understand the pressures lawyers face and the concerns clients bring. I do everything I can to ensure the parties feel heard, the process is transparent, and the outcome is one they can respect—even if it’s not the result they hoped for.

Let’s Talk

If you are considering arbitration or are drafting contracts that may require it in the future, I’d be happy to speak with you about how I might help. Whether you need a sole arbitrator for a discrete matter or a panel member for a complex commercial case, I bring experience, focus, and a fair hand to every dispute I’m entrusted to resolve.